This agreement is entered into by and between Users and / or Contributors (hereinafter referred to as the “User” or the “Contributor”) and Caribbean Dream Destinations (hereinafter referred to as “CDD”);
WHEREAS, CDD is as professional organisation specialized in tourism destinations marketing;
WHEREAS, CDD has developed a web-based video platform platform (www.caribbeandreamdestinations.com) and several social media and video newsletters for the purpose of marketing the Caribbean as an astounding tourism and cultural destination;
WHEREAS, CDD is streaming on this platform, for a free public access, HD and 4K tourism video from Contributors;
WHEREAS, Contributors (CDD, private sector stakeholders as well as Board of Tourism / Ministries…) are providing, via an annual subscription scheme, HD and 4K videos, images and texts about their businesses and / or destinations;
WHEREAS, the Service includes all aspects of CDD tools and Content, including but not limited to all products and services offered by CDD via the CDD website, its YouTube channel, its other social media and its video newsletters. The Service allows to post Content and communicate with others;
WHEREAS, the Content provided by Contributors includes the texts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service;
WHEREAS, Users are individuals, companies, institutions, etc., using or visiting the CDD website or any CDD products, data feeds, and services provided to you on, from, or through the CDD website (collectively the “Service”)
NOW THEREFORE, in consideration of the covenants hereinafter contained and other good and valuable consideration, it is agreed as follows:A. ACCEPTANCE
These terms constitute a binding agreement between the User and/or the Contributor and CDD, and are deemed accepted by the User / Contributor each time that the User / Contributor uses or accesses the service. If the User / Contributor does not accept the terms stated here, he should not use the service.
B. GENERAL USE OF THE SERVICE – PERMISSIONS & RESTRICTIONS
You agree not to distribute in any medium any part of the Service or the Content without CDD’s prior written authorization, unless CDD makes available the means for such distribution through functionality offered by the Service (such as the social media links).
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself, or other explicitly authorized means CDD may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain CDD’s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from CDD appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
- uploading an original video to CDD website to promote your business, activities or destination;
- showing CDD videos through the YouTube Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above or
- any use that CDD expressly authorizes in writing.
If you use the YouTube Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the CDD website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the CDD servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
CDD reserves the right to discontinue any aspect of the Service at any time.
C. YOUR USE OF CONTENT
Use of Content. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to CDD, subject to copyright and other intellectual property rights under the law.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Links to third parties. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that CDD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CDD with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless CDD, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
D. COPYRIGHT POLICY FOR CONTRIBUTORS
Copyright of your Content. CDD operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
As a CCD Contributor, you may submit Content to the Service, including videos and user comments. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant CDD all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
Disclaimer. CDD does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and CDD expressly disclaims any and all liability in connection with Content.
Copyright infrigement. CDD does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and CDD will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. CDD reserves the right to remove Content without prior notice.
CDD does not accept any Content which contains advertisement from YouTube as a result of copyright infrigement as described in the above paragraph or as a deliberate choice from the Contributor.
As part of CDD copyright policy, CDD will terminate Contributor’s access to the Website if a Contributor has been determined to be a repeat infringer. A repeat infringer is a Contributor who has been notified of infringing activity more than twice.
E. SUBSCRIPTION FOR CONTRIBUTORS
Subscription. Streaming videos, images and text on CDD is only available to Contributors.
Subscriptions are always for a minimum 12 month period (24 month period for 4K videos produced by CDD). Prices displayed as monthly fees are only the result of a calculation mode, not as a billing mode.
Subscription period starts with the date of payment and ends 1 year (or 2 years for 4K videos produced by CDD) after that date.
Any public Content submitted will start being streamed at the time of subscription or in other communications made available to you. We reserve the right to change or terminate any offered subscriptions or promotions at any time.
Auto-renewing Subscription. Your subscription, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel your subscription or we terminate it. You will not receive a notice from us that your promotional period (if applicable) has ended or that your subscription has auto-renewed.
Personal information updated. It is your responsibility to keep your primary email address up to date. You can change your primary email address by sending us an email. You agree that Electronic Communications sent to a primary email address that is incorrect, out of date, blocked by your service provider, will be deemed to have been provided to you. If an Electronic Communication is returned to us because an email to your address becomes invalid, we may deem your subscription to be inactive, and you may not be able to use the Service until we receive a valid, working primary email address from you.
F. BILLING FOR CONTRIBUTORS
Payment method. You can pay for your annual subscription with a major credit card, or by PayPal. Only credit cards, or PayPal are eligible for payment. Do not sign up for a subscription by identifying a debit card in the credit card option. A debit card may also be known as a “check” or “ATM” card and typically has the word “debit” on it. If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount.
Recurring billing. By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period to your Payment Method. For example, you authorize us to charge your Payment Method the promotional rate disclosed on the subscription screen in the initial Billing Period (if applicable) and the regular subscription rate in subsequent Bill Periods. We automatically bill your Payment Method on the last day of each Billing Period. We reserve the right to change the timing of our billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee, you have seven (7) days to provide us a new Payment Method or your subscription will be cancelled.
You acknowledge that the amount charged for each Billing Period may vary for reasons that may include price changes or changing your subscription, and you authorize us to charge your Payment Method for such varying amount each Billing Period. If paying with PayPal and the regular payments for your subscription vary in amount, we will tell you, at least ten (10) days before each payment, when it will be made and how much it will be; otherwise you will not be notified of upcoming charges, except as otherwise provided herein.
We reserve the right to change subscription fees for any of our subscriptions at any time. We will notify you of any changes if the regular fee for your subscription changes from what was stated at the time of your initial order. You will have an opportunity to cancel your subscription at that time. If you do not cancel your subscription, you will be charged the new subscription fee at your next Billing Period.
We will charge the subscription fee at the commencement of your subscription, and automatically on the first calendar day of each Billing Period thereafter unless and until your subscription is cancelled.
G. CANCELATIONS AND REFUNDS
Cancellations. You can cancel your subscription at any time by sending us an email. You must cancel your subscription before it renews each Billing Period to avoid billing of the next Billing Period’s subscription fees to your Payment Method. Accordingly, when you cancel, you cancel only future charges associated with your subscription, and you will not receive a refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your subscription for the balance of the Billing Period.
Refund policy. Payments are non-refundable, and there are no refunds or credits for partially used Billing Periods. We reserve the right, however, to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
Governing Law; Venue. This Agreement shall be interpreted, construed and governed according to the laws of France.
Dispute Resolution. Should any dispute arise from this contractual relationship, their parties hereby undertake to seek a friendly settlement before going to court. Should the parties not reach a friendly settlement, they hereby agree to submit their actions to the exclusive jurisdiction of the courts of Paris, France.